
D 570 
.PI P5 
1919c 

Copy 1 Congress, 1 HOUSE OF REPRESENTATIVES. | #^^,^,Y 

Session. I 1 No. 191. 



THE AI^IERICAN LEGION. 



July 31, 1919.^ — Referred to the House Calendar and ordered to be printed. 



U,S, Ce1^<,•,".,-^:^•■'- 
M^. Morgan, from the ^Committee on the Judiciary, submitted the 

following 

REPORT. 

[To accompany H. R. 6808.] 

The Committee on the Judiciary having had under consideration 
the bill (H. R. 6808) to incorporate the American Legion, report the 
same back to the House with the recommendation that it be amended 
as follows, and as so amended the biU do pass. 

Amend as follows : 

Strike out the preamble to the biU. 

Strike out all of the bill after the enacting clause and substitute 
therefor the following: 

That the following persons, to-wit: William S. Bean, of North Carolina; Charles H. 
Brent, of New York; William H. Brown, of Connecticut; G. Edward Buxton, junior, 
of Rhode Island; Bennett C. Clark, of Missouri; Richard Derby, of New York; L. H. 
Evridtje, of Texas; Milton Foreman, of Illinois; Ruby D. Garrett, of Missouri; Fred J. 
Griffith, of Oklahoma; Roy C. Haines, of Maine; J. F. J. Herbert, of Massachusetts; 
Roy Hoffman, of Oklahoma; Fred B. Humplireys, of New Mexico; John W. Inzer, of 
Alabama: Stuart S. Janney, of Maryland; Luke Lea, of Tennessee; Henry Leonard, 
of Colorado; Henry D. Lindsley, of Texas; Ogden L. Mills, of New York; Thomas W. 
Miller, of Delaware; Edward Myers, of Pennsylvania; Franklin D'Olier, of Pennsyl- 
vania; W. G. Price, junior, of Pennsylvania; S. A. Ritchie, of New York; Theodore 
Roosevelt, junior, of New York; Albert A. Sprague, of Illinois; John J. Sullivan, of 
Washington; Dale Shaw, of Iowa; Daniel G. Stivers, of Montana; H. J. Turney, of 
Ohio; Geory'e A. White, or Oregon; Eric Fisher Wood, of Pennsylvania; George H. 
Wood, of OMo, and such persons as may be chosen who are members of the "American 
Legion," an unincorporated patriotic society of the soldiers, sailors, and marines of 
the Great War, 1917-1918, known as the "American Legion," are hereby created and 
declared to be a body corporate. The name of this corporation shall be the "American 
Legion." 

Sec. 2. Said persons named in section 1 and such other persons as may be selected 
are hereby authorized to meet to complete the organization of said corporation by the 
selection of officers, the adoption of a constitution and by-laws, and by the doing of 
all other things necessary to carry into effect the pro\T.sions of this act, at which meet- 
ing any person duly accredited as a delegate from any local or State organization of the 
existing unincorporated organization known as the "American Legion" shall be 
permitted to participate in the proceedings thereof. 

Sec. 3. The purpose of this corporation shall be: To promote peace and good will 
among the peoples of the United States and all the nations of the earth; to preserve 



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\ 
^ THE AMERICAN LEGION. 

the memories and incidents of the Great War of 1917-1918; to cement the ties of love 
and comradeship born of service; and to consecrate the efforts of its members to mutual 
helpfulness and serAdce to their country. 

Sec. 4. The corporation created by this act shall have the following powers: To 
have perpetual succession with power to sue and be sued in courts of law and equity; 
to receive, hold, own, use, and dispose of such real estate and personal property as 
shall be necessary for its corporate purposes; to adopt a corporate seal and alter' the 
same at pleasure; to adopt a constitution, by-laws, and regulations to carry out its 
purposes, not inconsistent with the laws of the United States or of any State; to use 
in carrying out the purposes of the- corporation such emblems and badges as it may 
adopt; to establish and maintain offices for the conduct of its business; to establish 
State and Territorial organizations and local chapter or post organizations; to publish 
a magazine or other publications; and generally to do any and all such acts and things 
as may be necessary and proper in carrying into effect the purposes of the corporation. 

Sec. 5. No person shall be a member of this corporation unless he served in the 
naval or military service of the United States at some time during the period between 
April 6, 1917, and November 11, 1918, both dates inclusive, or served in the militarj^ 
or naval services of any of the Governments associated -with the United States during 
the Great War, who were citizens of the United States at the time of enlistment. 

Sec 6. The organization shall be nonpolitical and, as an orgardzation, shall not 
promote the candidacy of any person seeking public office. 

Sec 7. Said corporation may acquire any or all the assets of the existing unin- 
corporated national organization knowai as the American Legion upon discharging 
or satisfactorilv proxdding for the payment and discharge of all its liabilities. 

Sec. 8. Said corporation and its State and local subdivisions shall have the sole 
and exclusive right to have and to use in carr>ang out its purposes, the name "The 
American Legion": Provided, That notliing in this act shall interfere or conflict with 
established or vested rights. 

Sec 9. The said corporation shall, on or before the 1st day of January in each year, 
make and ti'ansmit to the Congress a report of its proceedings for the preceding calendar 
year, including a full and complete report of its receipts and expenditures: Provided, 
however, That said report shall not be printed as public documents. 

Sec. 10. The right to repeal, alter, or amend this act at any time is hereby expressly 
reserved. 

Very naturally and very properly the soldiers and sailors of the 
late war have sought to organize posts or lodges for the purpose of 
preserving the memories, cementing the friendships, and cultivating 
the comradeship that grew out of the late war, and more especially 
to perpetuate the spirit of patriotism that animated them — a spirit 
that is supremely important in preserving our Government and its 
Constitution, made sacred to them because of the suffering and 
sacrifices they endured. Their efforts to organize have resulted in a 
large unincorporated society that has adopted a constitution and by- 
laws and elected officers. The organization embraces the entire 
United States. It has held two large conventions, the last one at 
St. Louis, Mo., at which arrangements were made to applv to Congress 
for incorporation. The persons named in this bill were authorized to 
take the necessary steps for that purpose. It was further arranged 
that the next convention of the society should be held at Minneap- 
olis, Minn., on the 11th day of November, 1919— the anniversary of 
the signing of the armistice that terminated hostilities. 

While Congress has been loath to grant special charters, it is 
beheved that this should be an exception to the rule. The bill as 
introduced would, if enacted into law, have created a corporation 
m the District of Columbia. The committee is of the opinion that 
if the charter is to be granted the society should be made a corpora- 
tion of the United States and not of the District. The object of the 
corporation is national ui scope. ^It is beheved that Congress has 
the power to so incorporate the society. In the case of United 
States V. Gettysburg Electric Kailway Co. (160 U. S., 669), the 



AUG 15 19]^ 



THE AMERICAN LEGION. 3 

Supreme Court had under consideration the question of whether 
Congress could authorize condemnation of land for a national park 
to commemorate the battle fought at Gettsyburg, Pa., during the 
Civil War, Justice Peckham, speaking for a unanimous court, 
eloquently argued in favor of the power on the ground that such a 
park would stimulate patriotic devotion to the country and to do 
so was within the powers granted to Congress. He concluded on 
this branch of the case: 

It is needless to enlarge upon the subject, and the determination is arrived at 
without hesitation that the use intended as set forth in the petition in this proceeding 
is of that public nature whip h comes within the constitutional powers of Congress to 
provide for by the condemnation of land. 

The object of this charter is plainly similar if not the same in 
purpose. This charter will aid the men who participated in this war 
to cultivate the spirit of patriotism and instill in the young ambition 
to emulate their love of country and if need be to render the like 
services. 

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